The government of India has proposed an increase in the fine for illegal and inappropriate use of national emblems for commercial gains in an attempt to stop its misuse. The fine is likely to be increased from Rs 500 to Rs 1 lakh with jail-time, the fine can go up to Rs 5 lakh for repeated offenders.
The Emblems and Names (Prevention of Improper Use) Act, 1950, restricts improper use of the national flag, the coat-of-arms used by a government department, the official seal of the President or Governor, the pictorial representation of Mahatma Gandhi and the Prime Minister, and the Ashoka Chakra.
In another update to the law, the onus on proving that the use was lawfully authorized will now be on the violater as opposed to the current state where the government has to prove the violation.
The Department of Consumer Affairs has posted its recommendations for the amendment on their official website and have opened it up for public view till December 20.
According to section 3 of the law, no individual or group is allowed to use any government trademark or design, name, emblem, official seal or pictorial representation or any colourable imitation of the same, without Centre’s previous permission. The law applies to Indian citizens living abroad too.
Senior Supreme Court lawyers have said that the new amendment will make the law more stringent.
